Choice of Law in International Contracts

  Discussion Forum
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Working Group members)

Bibliography on the Draft Hague Principles

Mandate:

The 2006 Special Commission on General Affairs and Policy of the Conference decided to invite the Permanent Bureau to prepare a feasibility study on the development of an instrument concerning choice of law in international contracts. The study should consider in particular whether there is a practical need for the development of such an instrument.

The 2008 Council on General Affairs invited the Permanent Bureau to continue its exploration of this topic concerning international business to business contracts with a view to promoting party autonomy. The Permanent Bureau is asked to explore, in co-operation with relevant international organisations and interested experts, the feasibility of drafting a non-binding instrument, including the specific form that such an instrument might take. The Permanent Bureau is invited to report and, if possible, to make a recommendation as to future action to the Council in 2009.

The 2009 Council on General Affairs invited the Permanent Bureau to continue its work on promoting party autonomy in the field of international commercial contracts. In particular, the Permanent Bureau was invited to form a Working Group consisting of experts in the fields of private international law, international commercial law and international arbitration law and to facilitate the development of a draft non-binding instrument within this Working Group. The Permanent Bureau will keep Members informed on progress.

The 2010 Council on General Affairs welcomed the setting up of a Working Group on Choice of Law in International Contracts. It expressed its appreciation to the experts for the progress made and invited the Working Group to continue its work for the progressive development of a draft instrument of a non-binding nature. The Council noted that there was support in the Working Group for a comprehensive draft instrument, also including rules applicable in the absence of choice. The Council confirmed that priority should be given to the development of rules for cases where a choice of law has been made.
The Permanent Bureau is invited to submit a report on the state of progress for the consideration of the Council of 2011.

The 2011 Council on General Affairs welcomed the progress made by the Working Group, notably the adoption of draft articles, and encouraged the continuation of the work. Upon completion of the draft articles by the Working Group, the Permanent Bureau is invited to report back to the Council and present a succinct document prepared by the Working Group highlighting the substance of the draft articles and indicating the policy choices involved.
The Council decided that the draft articles and the commentary prepared by the Working Group should be reviewed by a Special Commission at a later stage.

The 2012 Council on General Affairs welcomed the work undertaken by the Working Group, notably the "Draft Hague Principles on Choice of Law in International Commercial Contracts" as well as the accompanying Report and the Policy Document prepared by the Working Group.
The Council decided to establish a Special Commission to discuss the proposals of the Working Group and make recommendations as to future steps to be undertaken, including the decision to be taken on the form of the non-binding instrument and the process through which the commentary shall be completed. The Special Commission will meet from 12-16 November 2012.

Documentation: